Sexual Offences

Question 1

What is Section 1 Sexual offences act 2003?

Answer 1

Rape

A person (A) commits an offence if—

(a) he intentionally penetrates the vagina, anus or mouth of another person (B) with his penis,
(b) B does not consent to the penetration, and
(c) A does not reasonably believe that B consents.

Indictable offence.. up to life imprisonment

Question 2

What is Section 2 Sexual offences act 2003?

Answer 2

Assault by penetration

A person (A) commits an offence if—

(a) he intentionally penetrates the vagina or anus of another person (B) with ANY part of his body or anything else, (including foreign objects)…
(b) the penetration is sexual,
(c) B does not consent to the penetration, and
(d) A does not reasonably believe that B consents.

indictable offence, up to life imprisonment

Question 3

What is Section 3 Sexual offences act?

Answer 3

Sexual Assault

A person (A) commits an offence if—

(a) he intentionally touches another person (B),
(b) the touching is sexual,
(c) B does not consent to the touching, and
(d) A does not reasonably believe that B consents.

triable either way.. max 10 years prison

Question 4

What is Section 4 Sexual offences act?

Answer 4

Causing a person to engage in sexual activity without consent

A person (A) commits an offence if—

(a) he intentionally causes another person (B) to engage in an activity,
(b) the activity is sexual,
(c) B does not consent to engaging in the activity, and
(d) A does not reasonably believe that B consents

indictable (if penetration involved), or either way.. up to life imprisonment (if penetration involved, or up to 10yrs prison

Question 5

What is Section 9 Sexual offences act?

Answer 5

Sexual activity with a child

A person aged 18 or over (A) commits an offence if—

(a) he intentionally touches another person (B),
(b) the touching is sexual, and
(c) either—

(i) B is under 16 and A does not reasonably believe that B is 16 or over, or
(ii) B is under 13.

Question 6

What is Section 13 Sexual offences act 2003?

Answer 6

Child sex offences committed by children or young persons (under 18)

A person under 18 commits an offence if he does anything which would be an offence under any of sections 9 to 12 if he were aged 18.

indictable.. up to 5yrs prison

Question 7

What is Section 15 Sexual offences act 2003?

Answer 7

Meeting a child following sexual grooming

A person aged 18 or over A commits an offence if—

(a) A has met or communicated with another person (B) on one or more occasions and subsequently—
(i) A intentionally meets B,
(ii) A travels with the intention of meeting B in any part of the world or arranges to meet B in any part of the world, or
(iii) B travels with the intention of meeting A in any part of the world,
(b) A intends to do anything to or in respect of B, during or after the meeting mentioned in paragraph (a)(i) to (iii) and in any part of the world, which if done will involve the commission by A of a relevant offence,
(c) B is under 16, and
(d) A does not reasonably believe that B is 16 or over.

triable either way.. up to 10yrs prison

Question 8

What is Section 15A Sexual offences act 2003?

Answer 8

Sexual communication with a child

A person aged 18 or over (A) commits an offence if—

(a) for the purpose of obtaining sexual gratification, A intentionally communicates with another person (B),
(b) the communication is sexual or is intended to encourage B to make, whether to A or to another, a communication that is sexual, and
(c) B is under 16 and A does not reasonably believe that B is 16 or over.

triable either way.. up to 2yrs prison

Question 9

What is Sections 16 - 20 Sexual offences act?

Answer 9

Abuse of position of trust…

s16. . abuse of position of trust: sexual activity with a child
s17. . “ “ : causing or inciting a child to engage in sexual activity
s18. . “ “ : sexual activity in the presence of a child
s19. . “ “ : causing a child to watch a sexual act
s20. . “ “ : acts done in Scotland (out of jurisdiction)

Question 10

What is Section 66 and 67 Sexual offences act?

Answer 10

Exposure and Voyeurism

A person commits an offence of exposure if—

(a) he intentionally exposes his genitals, and
(b) he intends that someone will see them and be caused alarm or distress.

A person commits an offence of Voyeurism if—

(a) for the purpose of obtaining sexual gratification, he observes another person doing a private act, and
(b) he knows that the other person does not consent to being observed for his sexual gratification.